HomeMy WebLinkAboutCAG2007-0820 - Original - R. Jere Cherryholmes - Spotlight Series: Cherryholmes - 07/27/2007 y .
Records ManagerneriAp
K E N T F 1111� Document
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Q ho m es
Vendor Number:
JD Edwards Number
Contract Number: ken
This is assigned by City Clerk's Office
Project Name: (SP Night sexes II11I11(
Description: ❑ Interlocal Agreement ❑ Change Order El Amendment ® Contract
❑ Other: �1 aI -7
Contract Effective Date: -7'6 "o ! Termination Date: � - 2_` -0
Contract Renewal Notice (Days): q0
Number of days required notice for termination or renewal or amendment
Contract Manager: a Department: -farks-
$i lltrbecL
Detail: (i.e. address, location, parcel number, tax id, etc.):
5 Public\RecordsManagement\Forms\contractCoverjadcc7832 1 11/08
KENT
W s G T CONTRACTOR SERVICES AGREEMENT
between the City of Kent and
Cherryholmes
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the
"City"), and R. Jere Cherryholmes, C/o Columbia Artists Management LLC located and doing business at 1790
Broadway, New York, NY 10019, 212-841-9508 (hereinafter the "Contractor")
1. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City:
Description: Contractor will present one public performance as part of the Kent Arts Commission's Spotlight Series.
Start Time/Duration/Stop Time: 7.30 p m /approximately 2 hours including intermission/9:30 p m
Day, Date, Year: Sunday,October 28, 2007
Event Location: Kentwood High School Performing Arts Center, 25800 164th Ave. SE, Covington, WA 98042
Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly
pertaining to and/or bearing the likeness of Artist, inclusive of compact discs, at the performance
Contractor must provide all sales staff and will retain 100% of sales revenue
Hospitality: City will provide hospitality in dressing room prior to performance according to Contractor's rider
(attached)
Billing: "Cherryholmes" Contractor to receive 100%sole headline billing in all advertising,with exception of
season brochure
Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify
Contractor in advance of any sponsorship
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time those services are performed
11. COMPENSATION. The City shall pay Contractor the total sum of$7,000 all-inclusive for the work to be
performed under this Agreement, upon satisfactory completion of all services and requirements specified in this
Agreement Compensation will be paid, by City of Kent check, to R Jere Cherryholmes on the day of the performance,
no later than intermission.
III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own
expense, complete press materials, including hard copy or high resolution electronic photographs, biographic
descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in
promoting the event All publicity and promotional materials regarding the event released to the media or public by the
Contractor shall credit the City of Kent for its support of the event or protect.
IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of
performance on the date(s) and at the time(s) contained in Section I The City shall also provide ushers, a house
manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation
of the engagement Other arrangements will be the responsibility of the City and Contractor as follows below
CONTRACTOR SERVICES AGREEMENT- I
(Under$10,000-Sole Performer)
Venue: City will provide proscenium theater Kentwood High School Performing Arts Center
Sound: City will provide sound system according to attached technical rider*
Lights: City will provide general lighting according to attached technical rider
Dressing Rooms: City will provide dressing room facilities according to attached rider*
Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility
Contractor will provide any other technical staff, including a road manager or technical director,
necessary for the performance
*The attached technical rider is part of this agreement.
V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer
Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the
performance and details of its work, the City being interested primarily only in the results obtained under this Agreement
and compliance with its terms and conditions
VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its
employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose
VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal
costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for
that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of
any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement
constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification
The provisions of this section shall survive the expiration or termination of this Agreement.
Vill INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of
the types and in the amounts described in Exhibit A attached and incorporated by this reference.
IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon
providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement
All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be
the responsibility of the Contractor The City may deduct its costs from any payments due to the Contractor or pro-rate
the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance
schedule
X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "ram or shine " In the
event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an
alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate
performance space Neither party shall be under liability for failure to perform in the event that such failure is caused by
or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of
either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of
the Agreement.
XI. MISCELLANEOUS PROVISIONS.
A Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor
shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory,
mental, or physical disability, discriminate against any person
B Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to
use recycled and recyclable products whenever practicable A price preference may be available for any designated
recycled product
C Non-Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants
and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the
same shall be and remain in full force and effect.
D. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim
arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim,
CONTRACTOR SERVICES AGREEMENT-2
(Under$!0,000—Sole Pei former)
shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King
County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided
by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under
Section VII of this Agreement
E Written Notice All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder
shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may
be hereafter specified in writing
F Assignment Any assignment of this Agreement by either party without the written consent of the non-
assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement
shall continue in full force and effect and no further assignment shall be made without additional written consent
G Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and Contractor.
H Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such
statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this
Agreement All of the above documents are hereby made a part of this Agreement However, should any language in
any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement
shall prevail.
I. Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and
personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement.
IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date
entered below.
CONTRACTOR: CITY OF KENT:
By �2�1 By
si na ure (signature)
Print Name ES Pri Jeff Watling
Its J''J,Q�IJACE,p� _ Its Director, Parks, Recreation and Community Services
(T�/e
DATE: '//S/U (Title)
DATE: IZ�(o7
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ronda Billerbeck, Cultural Programs Manager
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(telephone)
(facsimile) (253) 856-5050 (telephone)
(253) 856-6050 (facsimile)
PI RFORMWONTRACnKmMel lraM FINALSM Olanl$erncexapeam %kPa&SC adceN or$m fl6
CONTRACTOR SERVICES AGREEMENT-3
(Under$10,000—Sole Performer)
EXHIBIT A
INSURANCE & INDEMNITY REQUIREMENTS
No Insurance is required for this Contract.
t
Please disregard any previous riders you may have received.
l
efl
Contract Rider
t
This rider is hereby part of the contract between Cheiryholmes (hereinafter referred to as"Artist")and
Gh4 Of- 114' kK 8Wynl%1tr ^(hereinafter referred to as "Purchaser'),contract dated
ML44. 2004
The performance is scheduled to take place on the Z�fit-- day of OC-f "k*;'W In the year
at }Cf.KkyjDf k�% ?& tW qq in (� W, r
kAs�
The purpose of this rides is to facihtate the best performance possible The Purchaser should study this
rider and make the necessary provisions contained herein Artist's management will make every
reasonable effort to notify Purchaser of any changes Any difficulties,problems or proposed changes to
this rider must be approved by Artist.
f
THIS RIDER IS SUBJECT TO CHANGE BY ARTIST ONLY.
i
l
PURCHASER SHALL PROVIDE AND PAY FOR THE FOLLOWING:
1. Billine
Artist to be billed only as"Cherryholmes"
i
2. Performance
a) Artist reserves the right to approve all other acts on the bill, at least one week prior to the date of
the perfoi mance
b) There will be absolutely NO tape recoidmg,video iecording,photography or radio
broadcasts during sound check or performance unless prior written permission is l
granted by Artist Repiesentative
0 All music played in the venue before, dui mg,and after the performance is subject to Artist's
approval
CW1Columbia Aritstti Management u r Cherryholmes Contract Rider
Tie Gem,,Swrrcc fin the P,,fanimg Anr February 2006
Page 1 of 8
i
3. Payments
Performance fee checks should be made payable to"R Jere Cherryholmes"
Social Security Y 547-76-9985
I
4. Loaders
Purchaser shall supply four(4) able-bodied people to assist with unloading and loading Artist's
equipment, to be at venue 15 minutes prior to load-in time, and immediately upon
completion of performance.
Purchaser shall supply any additional loaders for sound and lighting equipment,as necessary.
5. Transportation ,;-
Purchaser shall provide a runner with a reliable vehicle/van and knowledge of the area
For fly in dates,purchaser agrees to pay for all ground transportation to and from airport,hotel,and
venue A 15-passenger van with two(2)backseats removed will be suitable
I
All transportation arrangements must be confirmed with production manager prior to engagement
This is to include all hotel and venue parking arrangements
6. Musical Instruments
Poi fly in dates, purch o supply a/n bass, American Standard,Kay(old), or King preferred,
with steel ngs—Tomastik Spirocore of equivalent—and adjustable height bridge
7. Technician
Purchaser shall provide one(1)experienced audio technician for front of house,to be available from
load in until the end of load out Artist does NOT carry their own technician
i
i
8. Security
j
Purchaser shall ensure that adequate security will be in place to protect Artist Tom. ter~ —
include security g '
9 Parking
Purchaser shall airange for secured parking near the venue, at no cost to Artist,for one tour bus(45 feet
long, 15 feel high)
Arrangements should be made for shore power for the tour bus If this is not possible,the bus will be
iuri ning an on-board generatoi
10. Dressing Raoms !
Purchaser shall supply two (2)large, clean, lockable dressing rooms Each should be
equipped with a washroom (toilet,sink,mirror)and shower,power, lights, and heating/air
conditioning plte DVGSSI {�}Yyl lNl 41i1 �11,r � (t (h 11 >
`0.��'Q� J I
I
C1Chenyholmes Contract Rider
Columbia Srinh ManagfineW i i r February 2006
The Genme Smuee jar the PcrJonnnig Aru
Page 2 of 8
I
Each dressing room will require the following:
- 2 full length mirrors
- 6 large sized towels
- 3 hand towels
I
- 3 wash cloths
- 1 ironingboard
1 iron
2 garbage cans
Dressing rooms shall be located in the same building as the performance and be accessible to the stage
without passage through any audience or public area The keys shall be in the
possession of Artist from the time of load-m until final departure from the venue
11. Accommodations
If mutually agreed upon,three(3)hotel rooms(with two beds ea' located next to or across
from each other) will be required m a reputable cha e (i e Crowne Plaza,Holiday Inn,Sheraton)
only— absolutely no billeting, no private s,no bed and breakfasts,no cottages or cabms
Accommodations show) as close to the venue as possible and shall provide full services(ie—24
hour fax and copying) Hotels with high-speed internet access,preferably wireless and free of
service i ges,are preferred Must also be within walking distance of a high quality restaurant
12. Sound Check
Purchases-agrees not to open venue doors for public admittance until obtaining consent from Artist
that sound check has been completed Artist will require at least two(2)hours after stage set-up for
sound check
13. Tickets &Passes (� �Q�7�
Purchaser will provide4'5 tickets to the performance, at no cost to Artist Artist shall have
full control of distribution of all passes with access to backstage areas Promotional tickets
beyond 15 allotted to Artist must be requested in writing and approved by Artist or Artist's
management Unapproved promotional tickets will be counted as"sold" tickets in final
ticket count
14. Merchandise
Artist and/or their representatives shall have the exclusive right to sell and distribute their
merchandise at and around the venue. The Purchaser shall not be entitled to and shall no�
receive any portion of the sale of said merchandise 2 n
f I
of i
o ISUMIL6 al 1U Purchaser and/or
ves s that-these individual*are first and foremost employees of the ve un e,
and he-rice-assttrrres-responmbihtyfortheir actions or inactions - --
Cherryhoimes Contract Rider
(�I�� I Columbia Aruait Managemem i i r February 2006
�(-]��'�1 Tlrr Gemn e Soime fnr,he PerJnnmrr�iu, ;
Pare 3 of 8
I
I
0
1
15. Recording and/or Videotaping.Radio or Television Broadcast
In all cases,only with written consent from Artist's management can this be done. Any broadcast
footage must be approved where possible. Performances will be recorded by artist,for artist use only. '
16. Hos italitv
Must be available for Artist upon arrival-
- 12 bottles of water
- coffee with cups, cream, and sugar
- hot water for tea
- assorted herbalteas
- small fresh fruit tray
- small veggie tray with dip
Meals requirements for Band and crew:
- hot meal to be provided in dressing room of greemoom at venue
- buyouts ok(with advance notice)
- meal to be either lasagna with French bread and salad, or roast beef or chicken with fries or baked
potato,beans, and salad(dressings-ranch,thousand island,honey mustard)
- 12 assorted 100%juices (orange,pineapple, gi ape, apple)
- no barbeque or fast food,pizza or cold cuts
- no soda
-Band prefers to have meal either immediately preceding or immediately following sound check
depending on sound check and performance times
I
I
I
I
i
Columbia Arbtin Management Li
„/1`� mun Cherryholmes Contract Rider
OArLr Gi amr Source(or the PnJog Art,s Febma ry 2006
Page 4 of 8
PRODUCTION REQUIREMENTS
1. Sta in
A level, solidly-constructed and reinforced stage large enough to comfortably hold both Artist and
equipment is required. If the stage is carpeted, on concrete, or has an uneven surface, Artist requires
plywood dance area to be laid out on stage(see below)
Step Dancing Area:
- Must be level flat surface,free of any hindrances,bumps, or imperfections
- CEMENT WILL NOT SUFFICE
- Area directly behind microphones to be wooden and uncarpeted;totally wooden stage with no
hindrances,bumps,or imperfections will suffice
- If stage is carpeted, 16' x 4' surface of 3/4"birch plywood-interior cabinet grade quality,sanded
and smooth with no knots on one side-should be well secured to the floor,side by side with no
gaps,placed directly behind microphone area of the stage
2. Lightin_a
- 48K lighting system, to include 3 color back wash, and 6 front/top o/w area specials
- Cyclorama with black scrim is the ideal backdiop,if not available,black curtain drop is acceptable
- 1 x 48 channel 2 scene lighting console
- Moving lights ai e welcomed and appreciated if wilhm budget.
3. Sound Equipment
- The PA should be capable of reproducing full frequency audio and covering all areas of the
audience System should include subs, front fill, and delay fill as required.
- A high quality console with a muaimum of 12 inputs and sweepable EQ is required
- Processing jack to include 31-band and/or pai ametric equah7atron for house system,one high
quality reverb unit, and at least two (2)channels of compression
- A selection of mica ophones-as backup to Artist's kit,plus at least one SM58 as a spare/MC
microphone
- adequate cabling to patch the system,and all Ai tist's inputs and in-ears
For ground/bus dates, Artist will provide:
- A discrete monitor console with a minimum of 12 inputs and four (4)mixes
- 12 channel splatter/snake with tails to feed the monitor console on stage
- microphones-two (2) Shure KSM44, one(1) Shine KSM137,one(1)Shure clip-on Minilav
- six (6)tall boom stands
- m-ear monitor-6 Shure PSM700 systems � �
For fly in dates, PURCHASER M E ALL OF THE ABOVE EQUIPIDl-EiQT.
NOTE:Artist carries 6 PSM700 systems These are to be fed from the venue's monitor desk Artist
accustomed to"sharing" mixes with the PSMs- they each take a uric-heavy mix, and a bass-channel
heavy mix,and combine them with the Mlxl\4ode feature. However,if full-service production is
available, please setup the PSMs on six(6)pairs of stereo mixes for full control(12 mixes total)
(�IWJ Cniumbia Aru,i.M.rnagemeni uc Cherryholmes Contract Rider
ti(-]��'jj 7Lr Gm.or Sau,,(,,1J,Tn(m.,u,.F Aw February 2006
Page 5 of 8
r
i
THE PURCHASER'S INDEMNIFICATION
The Purchaser shall indemnify and hold The Artist harmless from and against any and all
liability, claim, demand,costs, expenses,losses and damage(including reasonable attorney's
fee) arising out of any breach of their Agreement by The Purchaser or in connection with any
performance rendered or to be rendered by The Artist during this event(unless same is caused
by the tortuous conduct of The Artist or any employee or agent of The Artist) The Purchaser
represents and wairants that it presently carries proper damage and liability insurance (no less
than tow million dollars)with sufficiently high limits to adequately insure against the risk
assumed and the obligation undertaken by The Purchaser under this Paragraph and will
obtain a certificate of insurance adding the Artist to the Liability Policy as additional insured's
Proof of the insurance shall be copied to the Artist no less than fourteen (14)business days prior to the
Performance Such policy or policies shall be issued by insurance companies license to do business in the
)urisdiction of the engagement The Artist and Company shall not be liable or responsible for any act or
omission to act by the Employer
RIDER ADHERENCE AND DISSEMINATION: No deletions, additions,or substitutions to this
document will be accepted unless counter-initialed by artist signatory Purchaser hereby guarantees that
this rider will be adhered to and that these documents will be distributed exactly as is (or as corrected and
approved) to the appropriate technical and administrative personnel at the theater as contracted
AGREED TO AND ACCEPTED:
BY:
FOR:
i
I
DATE:
ana ement gnatu Vatal
I
t���T Columbia Artists Managemem i i, Cherryholmes Contract Rider
l_,IAMI The cnnuoe snnire!r rh,re,Jon.....Am Febmaly 2006
Page 6 of 8